Waters' law 1983                                                                       

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Laws # 83- 17 of July 16, 1983, specifying the Waters. (158 articles)

Article 1
The current law aims at implementing a national water policy tending to:
-ensuring a rational and planned use with a view to a better possible satisfaction of the population and the national economy needs,
-ensuring the waters preservation against pollution, waste and overexploitation,
-preventing the harmful effects of water.

Article 2
The hydraulic public property consists of:
-underground waters, fresh waters, mineral and thermal waters, superficial waters,
-sea-waters demineralised by the State or on behalf of the State with a view to public interest,
-water streams beds, lakes, ponds, sebkhas and chotts together with the lands and the vegetation within their bounds,
-works of mobilization, of transfer, of storage, of water drainage processing and distribution, and generally speaking any hydraulic work together with its dependencies carried out with a view to public interest by the State or on its behalf
-alluvial deposits and touchdowns within the limits specified in the hereunder article 3

Article 3
The limits of water streams are determined by the flowing waters height in filled bank before overflowing.

Article 4
The limits of the main water streams, of sebkhas, of natural and artificial lakes are set by legal proceedings, all prospective rights of third-parties reserved, after an administrative inquiry.

Article 5
When an oued abandons its bed and digs a new one, this latter together with its determined limits, as specified in the above- mentioned article 4, fall within the hydraulic public property.

Article 6
The bed of the former oued may be distributed, once its prospective improvement is being made, as a compensation to the land-owners of funds occupied by the new bed, in the proportion of the value of the removed land to each one of them.
If the former bed is not wholly abandoned by the waters or if the provisions specified in the previous paragraph are not applicable, the land-owners of funds crossed over by the new bed receive an allowance assessed as an expropriation matter for public purpose.

Article 7
The acts of the hydraulic public property administration entitles, when they encroach upon the third parties to compensation determined as in an expropriation matter for public purpose.

Article 8
The use of water, in the sense of the current law, is understood with a view to satisfying the needs of the populations drinking water, of public health and of sanitation.
It is also understood with a view to satisfying the water needs of agriculture and industry, as well as any other need proceeding, in general, from human activity.

Article 9
The population supply with drinking water in sufficient quantity, for house work needs and hygienic satisfaction, is a permanent State objective and a citizen right.

Article 10
The right to use the hydraulic public property may be vested onto any physical person and onto any legal entity of public or private law, in the fixed conditions of the hereunder articles.

Article 11
The hydraulic public property users are entitled parties within the determined bounds of the current law and the subsequent texts.

Article 12
Inside the protection perimeters, the administration is entitled to undertake, at any time and any place, any observation, measure and control intended for following up the qualitative and quantitative development of water resources.
The use of water is commanded by the following preferential order:
-the satisfaction of the population drinking water needs and the livestock drinking needs,
-the satisfaction of agriculture needs,
-the satisfaction of industry needs.

Article 13
The right of use grants its holder the disposal of a water flow or volume assessed on the basis of the hydro-climate data of an average year. It also grants him the right to know the quality of the available water.

Article 14
The target right of the here-above article 13 sets, however, bounds in case of default of the mobilization and water bringing works, climate factors shortage and, in a general manner, of an unpredictable insufficiency of the water flow and volume to be delivered.
In these cases, the administration involved has the faculty to decide the automatic reduction of water quantities due to each user and to set a different reduction rate according to an adapted preferential order, fixed by the regulatory channel.

Article 15
The water users have the right to exploit it only within the bounds of the goal for which it is designed for.

Article 16
The users are expected:
-to make use of water in a rational and economical manner,
-to comply with the dispositions relative to the implementing and exploiting conditions of hydraulic works,
-to see to the water quality,
-to comply with the rights of the other water users,
-to abstain from causing prejudice to the economic and natural objects,
-to submit oneself to the counting of water to the conditions in which it is effected.

Article 17
The water use rights may be subject to reconsideration as regards the evolution of the global state of water resources available and as such, on the basis of the priorities defined in Article 12 of the present decree, of the real needs together with a maximum appreciation of the water cubic meter.
This reconsideration may notably intervene within the framework of the design of the hydraulic harnessing integrated program of the considered zone.

Article 18
Any owner has the right of using and displaying the raining waters that fall on his funds.

Article 19
In case of funds transfer, the right of use is transferred to the new owner who must declare this transfer within six (6) months dated from the change of ownership.
In case of beneficiary funds breaking up the division of waters between the related patches must be subject to new rights of use replacing the originating one,

Article 20
The hydraulic public property use qualifies, in any case, for concession.

Article 21
In the sense of the present law, concession is understood:
-as an act of public law with which the administration entrusts a legal entity to supply a public utility service. In this capacity, it may only be considered in favor of public institutions and enterprises together with the local administrative units.
-as an administrative contract signed between the administration and a physical or legal entity of public or private law with a view to using the hydraulic public property.

Article 22
The hydraulic public property concession is precarious and revocable in full right. It is withdrawn notably in the case of the users non-observance of the obligations that result from the dispositions of the present law.

Article 23
Notwithstanding the dispositions of Article 41 held in the 103-03 law of February 3, 19 relating to the protection of the environment, the hydraulic public property enjoyment operations are subject to the concession system, notably:
-the use or consumption of water,
-the hydraulic public property use, including the temporary occupation,
-the water research and harnessing works,
-the rejections and the deposits in the hydraulic public property,
-the extraction of materials.

Article 24
Is subject to simple authorization, within urban zones, the realization of wells for personal or family usage intended for human consumption.
In any case, the authorization delivery or the motivated refusal must be notified within
Two months (2). In the absence of a reply within the fixed deadline of the previous paragraph, the applicant is entitled to undertake the realization of his work. The terms of the authorization delivery will be determined by the regulatory channels.

Article 25
The refusal of an authorization for a hydraulic public property use must be motivated. The concession demands are refused if the needs to be satisfied are not justified, if their satisfactions bring prejudice to the quantitative and qualitative protection of water resources, if they encroach upon the national economy interests or if they are contrary to the third parties rights, duly established.

Article 26
The administration is entitled:
-to set bounds to the flow when its usage is conceded to the real quantities of water
Necessary for the adopted program of utilization,
-to require from the user to reduce provisionally the deducted flows with a view to
to facilitate the general interest works on public waters,
-to decide, if justified for public interest, the regularly conceded facilities suppression or modification.
The user has the right for compensation corresponding to the value of the sustained prejudice.

Article 27
The concession is modified, reduced or revoked, at any period with no compensation, either for the interest of public salubrity or for preventing or even stopping floods or because of non-compliance with the articles it contains.
In case of breach of the legislative and regulation provisions in force, the revocation is pronounced in full right, with no prejudice for legal actions.

Article 28
The administration is entitled to take decisions, at the users expense, about:
-the modification of works in non-conformity with the concession conditions,
-the demolition of undertaken works without authorization or, in case of forfeiture, of the concession and the premises primitive reconditioning.

Article 29
In case of calamity, the conceded waters are, without authorization, utilized for fighting casualties and for safeguarding persons and properties.

Article 30
The concession nature and procedure of the hydraulic public property as well as the content and the drawing up conditions of the concession act are fixed by regulatory channels.

Article 31
Water streams, lakes, ponds, sebkhas and chotts residents are subject to, within a three (3) meters breadth limit and as from the limits fixed in the above-mentioned Article 4, the administration material free-crossing.
This free-crossing constitutes a free-board easement of public utility. The personnel of the administration, the contractors and the workers in charge of these works have a permanent access right to the subjected zones. Within the liable zones to easement, any new construction and any elevation of a fixed closure is forbidden.

Article 32
The administration may request the felling of trees as well as the demolition of any fabric existing on the subjected zones, provided that the entailed damages are redressed.
However the constructions existing at the publication date of the regulatory text fixing the water streams limits in the constrained zones may be maintained and repaired provided that , first the exterior dimensions are not raised, and second that the materials used are not the same as those previously implemented.

Article 33
In case the administration deems insufficient the constraints referred to in the above-mentioned Article 31 and wants to establish, in the residents zones of the hydraulic public property, a path under the constant conditions of viability, it may, in default of the residents express consent, acquire the required land for the establishment of the path by public utility expropriation means, in conformity the laws in force.

Article 34
The holding zone necessary for the installation, the exploitation and the maintenance of adduction works, of irrigation networks or of agricultural draining, and of any other hydraulic work is fixed, in each case, by regulatory channels.

Article 35
The holding zone may be subject to, either an expropriation for public utility, or a temporary occupation and, in this latter case, stands in favor of the concerned residents for full repairing of the resulting damage.
Within this zone, any new construction, any fixed fence elevation, any plantation, any new cultivation is subject to the administration authorization. For all or part of these existing elements at the date of the authorization foreseen at the preceding article, the administration may order its suppression against compensation.
The residents are also expected to receive the products of the adduction channels, irrigation and drainage over a five (5) meters large on each side of the hydraulic public property.

Article 36
Any funds owner or user is subject to constraints concerning the installation by the administration of signal means, of water measurement and statement.

Article 37
The fulfillment of works on the entailed lands of constraints must be notified in writing to the persons exploiting those lands.

Article 38
Any funds owner or user allocated by the constraints, object of the present title, is expected to abstain from any harmful act on the object for which the constraint has been established.

Article 39
The contestations which may lead to the establishment and the execution of public utility constraints as well as the fixing compensation due to this occasion, are judged as a matter of expropriation for a public utility cause.

Article 40
Any physical person and any legal entity of public or private law owning a concession benefits of waters toll, whatever their nature, by underground pipe in the intermediary funds. This toll is carried out under the most rational and the less damageable conditions, chargeable to a just and prior compensation.

Article 41
The intermediary owners or users, allotted by the constraint drawn up at the above-mentioned Article 40, have the right to benefit of works done as the aforesaid constraint for waters flow entering and outgoing from their funds. In this case, they support:
-a proportional part of the value of works they profit from,
-the modifications resulting expenses that this exercising right renders necessary,
-in the future, a contributive part for the common works maintenance.

Article 42
Any owner or user, who wants to make use of superficial waters that are at his disposal, has the right to resting on the opposite resident property the necessary works for his water taking, chargeable to a just and prior compensation. This constraint does not concern buildings and enclosure yards adjoined to houses.

Article 43
The resident of the funds on which the backing is claimed may request the work s common use, by contributing in half to the establishment and maintenance expenses.
In this case, no compensation is respectively due. When this common work is claimed after the works starting or completion, the resident who is requesting it must support, by himself, the expense excess coming from the work s changes.

Article 44
The owner of an inferior fund is obliged to host on his fund the naturally flowing waters of the superior fund, i.e. rain-waters, snow-waters and non-harnessing spring waters.

Article 45
Any must establish the roofs of his constructions in such a way so that the raining waters flow on his land or on the public artery. He may not let them pour on his neighbor s fund.

Article 46
The houses liquid wastes and the agricultural lands of the draining and sanitation waters may be brought to the collecting works under the same conditions and reserves than those concerning the bringing of waters stated in Article 40 of the present decree.

Article 47
Any owner who, at the time of underground or sounding works springs up waters from his fund, has the crossing right on the inferior funds properties following the most rational and the less damageable sketching. The inferior funds owners are entitled to compensation in case of damage resulting from these waters.

Article 48
The public administrative units, the public institutions and the public sectors users which undertake hydraulic works designed for supplying water to the population, agriculture and industry, as well as to the liquid wastes evacuation or drainage, may benefit from implementation constraints of underground pipes or in the open, according to the case. The establishment of this constraint entitles for compensation of all the caused prejudices.

Article 49
A constraint is set up, in favor of the public administrative units, the public institutions and the public sectors users which carry out public-interest hydraulic infrastructures, granting them a land use right of non-built private lands, necessary for the execution of hydraulic planning such as the establishment of works of retention or water-taking, the side lands submersion by raising the expanses of water or the construction of dams. The establishment of this constraint entitles for compensation of all the caused prejudices.

Article 50
The consumption of water, in the sense of the current law, means the water intended for:
-drinking and for domestic uses,
-the manufacturing of sparkling drinks, mineral waters and ice,
-the preparation and conservation of food products and commodities.

Article 51
Any physical or legal entity in charge of providing water for consumption is obliged to guarantee its being drinkable.

Article 52
Water is drinkable when it is not liable to harm the consumers health. It must not contain, in harmful quantities, chemical substances, nor noxious germs to health.
The drinkability conditions and norms are fixed by regulatory channels.

Article 53
The sampling places and the control processing periodicity employed at the level of production, adduction stocking, treatment and distribution works of waters for consumption are fixed by the administration. The terms and methods of analysis are fixed by regulatory channels.

Article 54
The bacteriological, physical and chemical control of the distributed drinkable water will be supplied by means of periodical analyses undertaken by laboratories approved by the administration.

Article 55
When the sampling sources of water consumption feature contamination or pollution hazards, the competent administration requires the organizations in charge of supplying the water distribution to implement appropriate on-going means of control on the quality of water.

Article 56
The methods and chemical products used for the treatment and correction of consumption waters must be authorized by the administration.

Article 57
The administration may, exceptionally, authorize the utilization of water whose quality differs from the norms in force. The authorization fixes the conditions for utilization and the protection measures to take.

Article 58
Persons affected by transmissible diseases cannot exert in a water supplying service designed for consumption. Any person exerting this activity must be subjected to a periodical medical test whose prescriptions are fixed by the administration.

Article 59
The consumption standards, the conditions and technical standards in the realization of drinkable water supply projects, and the exploitation and maintenance facilities designed for the distribution of water consumption are fixed by regulatory channels.

Article 60
The owners and operators of farming lands located on an irrigated zone are obliged to proceed intensive harnessing and optimal appreciation of the water resources.

Article 61
The organization in charge of the management of an irrigated zone is obliged to control the phreatic water level and to ensure that this level is compatible with the soils rational exploitation. It also follows up the soils evolution and the quality of irrigation waters through periodical analyses.

Article 62
Any irrigator is obliged to see to used waters as not constituting a spreading source of diseases, by notably avoiding the stagnation of water.

Article 63
Notwithstanding the dispositions Articles 137 and 138 of the present law, the use of raw liquid wastes for irrigation is prohibited.

Article 64
The conditions and technical standards in the realization of irrigation projects, the exploitation and maintenance facilities designed for irrigation are fixed by regulatory channels.

Article 65
The management of hydraulic infrastructures designed for irrigation or drainage may be supplied by the farming lands operators grouped as an irrigation and drainage cooperative society, with the assistance of the technical services of the administration involved.

Article 66
When the importance of hydraulic infrastructures designed for irrigation and drainage is such that it does not make it possible to assign its management to the specialized irrigation and drainage cooperative society, irrigation zones named irrigation perimeters are created.
An irrigation perimeter is to be understood, in the sense of the present law, as the set of areas delimited by a surround within which all the lands are likely to be harnessing by irrigation as from a large hydraulic work.

Article 67
The terms of the irrigation zones constitution, organization and management are fixed by regulatory channels.

Article 68
In the perimeters of irrigation, the limited landed restructuration in place by land-reshaping, within the framework of an irrigation streams cutting, is obligatory. The application terms of this restructuration are defined by the law.

Article 69
The land-shaping perimeter corresponds to the irrigated perimeter.

Article 70
In the elaboration of the perimeter restructuration projects, the contributions of each owner are calculated on the basis of the productivity surface and value. The attributions are made by equivalence of the productivity value.

Article 71
The land-shaping plan meets the technical terms allowing its integration in the cadastral documentation, in accordance with the legislation in force.

Article 72
The conditions and terms of the land-shaping projects realization are fixed by regulatory channels.

Article 73
Any setting-up project or any extension of water consuming industrial units must take into account the criterion of water sparing and the priorities stated in the above-mentioned Article 12.

Article 74
The industries are obliged to carry out the recycling of utilized waters each time this recycling is technically and economically realizable.

Article 75
The application modalities of the above-articles 73 and 74 will be determined by regulatory channels.

Article 76
The State carries out and maintains , on the hydrographic network, the works of regularization , rectification, gauging, dyking up and reducing the rise in the water level with a view to ensure the protection of the national economy as well as the protection of persons and their possessions against the risks of damages caused by waters.

Article 77
In order to fight floods and lessen the harmful effects, the administration has, against compensation, the right to proceed to:
-the modification or demolition of any work liable to obstruct the flow of waters,
-the construction of dikes or any other work of protection.

Article 78
The flooded areas, along a major bed mutation is fixed by regulatory channels.

Article 79
On the flooded areas, no plantation, no construction, no depot and, in general, any work liable to obstruct the flow of waters or to restrict it, may be realized without the administration authorization.

Article 80
On the dikes of protection against floods, it is prohibited to:
-plough or plant trees,
-spread out any activity that could deteriorate the structure of works,
-circulate animals.

Article 81
The administration elaborates a plan for the rise of the water level expectation, and for fighting consecutive floods due to:
-an exceptional precipitation,
-a retention dyke breaking.
The conditions for putting into effect this plan are fixed by regulatory channels.

Article 82
The hydraulic works, whose failure may interfere with the population security or cause prejudice to the population security or cause prejudice to the national economy, are subject to a periodical control.

Article 83
The conditions and technical terms for surveys, realization, control, exploitation and maintenance of works of mobilization are fixed by regulatory channels.

Article 84
The towns draining aims at ensuring a quick evaluation, with no stagnation, of the industrial and domestic liquid wastes to arise nuisances and those raining waters liable to submerge inhabited areas and this, in compatible conditions with the public health and environment requirements.

Article 85
In built-up areas, the branching to the sewer of any house or any establishment discharging liquid wastes is obligatory.

Article 86
In scattered habitat zones or in centers which do not have at their disposal a collective draining system, the evacuation of liquid wastes must be carried out by means of an individual evacuation installation approved by the administration.

Article 87
Any individual draining system must be out of order to serve or to create nuisances as soon as a collective network of liquid wastes evacuation is deployed.

Article 88
The connection to the public network residual waters draining, other than domestic, is subject to the administration prior authorization.

Article 89
The pre-processing of residual waters, before being discharged as in the case where, in a raw state, they may hit the effective working of both the draining public network and the purification installations, is obligatory.

Article 90
It is prohibited to insert in the draining installations any strong, liquid or sparkling material liable to hurt the exploitation personnel health or cause degradation or hindrance in the functioning of the processing and evacuation works,

Article 91
The realization conditions and terms of the draining, exploitation and maintenance projects, for the liquid wastes and processing installations, are fixed by regulatory channels.

Article 92
The soils protection and preservation require the realization of draining and drainage works to fight:
-the prolonged submersion of farming lands,
-the salinesation of farming lands,
-the level recovery of the phreatic waters on cultivated lands,
-the erosion of soils.
The terms of application of the first above-indented line will be determined by regulatory channels.

Article 93
Fighting the erosion of soils requires the realization by the operator, at whatever capacity he intervenes, with the assistance of the concerned administration, of works on the lands he is responsible for.

Article 94
It is prohibited to undertake works that may cause the erosion of soils, especially the cultivating manners.

Article 95
The drainage basins pouring at the upstream dams sites, whether tanks or projected, are subject to reforestation by the concerned administration.

Article 96
In conformity with the provisions of Title 3, Chapter 2 of the law 83-03 on 3 February 1983, relating to the protection of the environment, waters must be protected against any form of pollution.

Article 97
The protection of the water resource is appreciated in qualitative and quantitative terms.

Article 98
Pollution is understood as a noxious modification of waters properties, produced directly or indirectly by human activities, making unfit for the normal established use.

Article 99
It is prohibited to evacuate, throw or inject in the hydraulic public property funds any material of any kind and, particularly, any kind of liquid wastes such as the urban and industrial liquid wastes containing solid, liquid or sparkling substances, pathogenic agents, in quantity and in toxic concentration liable to harm public health and the wildlife and flora economic development.

Article 100
Any tipping or immersion, in the hydraulic public property, of materials that do not show the risks specified in the above-mentioned Article 99, is subject to concession for hydraulic public property utilization, named authorization for tipping.

Article 101
The authorization for tipping is refused particularly when the tipped materials are harmful:
-to the capacity of the waters natural regeneration,
-to the requirements of receptive waters utilization,
-to the public health protection,
-to the wildlife and flora protection,
-to the waters normal flow,
-to leisures.

Article 102
Any establishment, and in particular any industrial unit that discharges pollutants, must expect installations of purification.

Article 103
The owners of the purification installations must comply with the above-mentioned Article 96.

Article 104
Any depot, scattering or pulverization of materials liable to pollute the hydraulic public property is prohibited.

Article 105
The abandonment of animal corpses in the hydraulic public property is prohibited.

Article 106
The terms of realization for the inventory of the oueds state of pollution are determined in conformity with the 37 and 38 Articles of the law 83-03 on 3 February 1983 relating to the protection of the environment.

Article 107
The water resources liable to be polluted are subject to periodical controls of their physical, chemical, biological and bacteriological characteristics. The terms in which these controls are undertaken are fixed by regulatory terms.

Article 108
When the waters pollution jeopardizes public health or causes prejudice to the national economy, the administration decides the stopping of the responsible functioning unit, until this pollution disappears.

Article 109
Any water supplying work, of administrative usage, designed for human consumption must be protected against any accidental or voluntary cause liable to deteriorate the water quality.

Article 110
The perimeter of protection is understood, in the sense of the present law, as a contour delimiting the geographical property within which is prohibited or regulated any activity liable to harm the qualitative conservation of waters resources.

Article 111
Activities that could be subject to prohibition or regulations within the perimeters of protection concern in particular:
-the execution of wells or drillings,
-the exploiting of quarries,
-the installation of hydrocarbon pipes, tanks and depots,
-the installation of any kind of liquid wastes pipes,
-the establishment of any constructions,
-the scattering of dung, fertilizers and all products intended for the soils fertilization and the cultivations protection,
-the rubbish dumps, refuses, rubbish, radio-active products, and in general, any product or material liable to adulterate the water quality.

Article 112
Must be subject to a qualitative protection:
-the dams,
-the harnessing from sources, wells or drillings
-the stocking tanks,
-the vulnerable parts of the underground sheets,
-certain water sections.

Article 113
Must be subject to a quantitative protection:
-the overexploited sheets or those threatened of being so,
-the sections of water stream for which it is necessary to take care of a sanitary flow.

Article 114
It is instituted, around the sampling points, the perimeters of qualitative protection specified in Article 43 of the law 83-03 on 3 February 1983 relating to the protection of the environment.

Article 115
Perimeters of immediate or close protection on certain parts of water flows intended for supplying drinkable water may be instituted.

Article 116
Around the mobilization and retention works designed for supplying drinkable water, it is instituted an immediate protection perimeter and a close protection perimeter where are prohibited, in addition to the activities mentioned in the above Article 111:
-the traffic of motor vehicles,
-the installation of fuel service-stations for distribution,
-any activity on the expanses of water, such as fishing, hunting, sailing, washing and cleaning,
-any other activity liable to deteriorate the waters quality.

Article 117
An immediate protection perimeter is instituted around buried or half-buried tanks, for water processing or pumping designed for human consumption.

Article 118
Any setting-up of an activity within the close or remote protection perimeters is subject to a preliminary agreement with the administration.

Article 119
It is instituted, within the zones where underground waters resources are overexploited or threatened to being so, quantitative protection perimeters within which:
-are prohibited any realizations of wells tearing works or drilling or any modification in the existing installations designed for increasing the sample flows,
-are subject to authorization the replacement works for the re-arrangement of existing hydraulic installations without increasing the sample water volumes.

Article 120
In the zones where the resources of underground waters are overexploited, and with a view to ensure their conservation, the administration may proceed to limiting the exploitation flows or to putting out of order a certain number of sampling points.

Article 121
Within the perimeters of quantitative protection, the water counting is obligatory.

Article 122
The perimeters of protection are fixed, in each case, by the competent administration, in conformity the legislation in force.

Article 123
Within the perimeters of protection, the administration is entitled to undertake, at any time and place, any observation measure and control designed for following up the qualitative and quantitative evolution of water resources.

Article 124
Compensations, due to the owners of lands included inside the protection perimeters, are fixed according to the applicable rules of the expropriation matter for a public utility cause.

Article 125
The mobilization and utilization actions of the water resource are realized within a planned framework.

Article 126
The mobilization and utilization planning of water resources is based notably on the statistical data provided by the hydraulic cadastre and the hydraulic balance as defined in the present title.

Article 127
The hydraulic cadastre is constituted of the basic data inventory relating to water resources, to their utilization and to the existing hydraulic installations.

Article 128
The hydraulic balance redraws the confrontation between the water resources and their different needs.

Article 129
The elaboration terms and the cadastre and hydraulic balances updating are fixed by regulatory channels.

Article 130
The national territory is divided into natural hydrographic units called hydrographic basins. The qualitative and quantitative conservation of water resources is conceived and ensured at the hydrographic basin scale. The hydrographic basins denomination and delimitation are fixed by regulatory channels.

Article 131
In the sense of the present law, by non-conventional waters resources is meant:
-briny waters and sea-waters having been subject to a partial or total demineralization with a view to its utilization,
-liquid wastes having been subject to a purification processing allowing their reutilization.

Article 132
The demineralization of briny water or sea-water is understood as a technique allowing the partial or total elimination of dissolved salts in water.

Article 133
The demineralization recourse of briny waters or sea-waters as water supplying sources is carried out in the case either of natural waters resources scarcity or their availability to a non-adapted level quality which is expected.

Article 134
In the case of the population water supply, the demineralization may be used to make the quality of water consumption compatible with the drinkability standards.

Article 135
In the industrial field, demineralization may be used in the cases where a completely demineralised water or with a low grade of dissolved salt, constitutes a technological process requirement.

Article 136
The water resources availability in quality and quantity adapted to its expected utilization excludes any recourse to demineralization of briny water or sea-water.

Article 137
The purified liquid wastes may be used, either for certain needs of the industrial sector, or for the irrigation needs of certain cultures in the agricultural sector. The utilization of liquid wastes, even the purified ones, for the irrigation of mixed salad is prohibited.

Article 138
The irrigation of cultures, other than those mentioned in the second paragraph of the above Article 137, by means of liquid wastes, even the purified ones, must be subject to an authorization from the concerned administration.
A decree will determine the terms and conditions of the authorization delivery.

Article 139
The due royalties owing to use against payment of the hydraulic public property are fixed by the law.

Article 140
The tariff of waters is, according to the sectors of activities, fixed by regulatory channels. It is selective depending on usages and progressive depending on the sampled quantities of water.

Article 141
In the case of the drinkable waters supply the tariff takes into account the expenses involved by the draining services in conformity with the legislation in force.

Article 142
The violation of the present law provisions commits the author s civil and penal liability.

Article 143
Apart from the criminal investigation police officers and agents, the engineers, senior technicians, technicians, techniques assistant, specialized techniques agents and the hydraulic techniques agents are entitled to seek and ascertain the offences to the provisions of the present law.
A decree will define the application terms of the present article.

Article 144
Any hydraulic public property utilization, with no authorization from the administration, is punished by a one (1) month to six (6) months imprisonment and by a 500 to 5000 Algerian Dinars fine or by only one of these two penalties.

Article 145
Any offence to the present law provisions of Articles 63, 137 and 138 is punished by a two (2) months to two (2) years imprisonment and by a 2000 to 200,000 Algerian Dinars fine or by only one of these penalties

Article 146
An operation made following a forged declaration is an offence punished according to the provisions of the penal code article 223.

Article 147
The stealing of agricultural or industrial drinkable water is an offence punished by penalties provided in the penal code article 350.

Article 148
Whoever undertakes works liable to cause the erosion of soils is fined by a penalty equal to the tenth of the works value.

Article 149
Whoever voluntarily destroys hydraulic installations is punished by penalties provided in the penal code article 406

Article 150
Whoever in charge of seeing to maintenance, inspection, security, the resources and the hydraulic installations control, causes prejudice when he abstains from meeting his duties, and is punished in conformity with the provisions of the penal code article 421

Article 151
Whoever pours deposits or injects substances liable to harm the quality of water consumption, as defined in Article 50 of the present law, incurs penalties provided in the penal code articles 432 and 441 A

Article 152
Offences to the provisions of Chapters I and II under Title VI are punished in conformity with the provisions of articles 58, 59, 60, 61 and 62 of the law relating to the protection of the environment.

Article 153
Whoever places or abandons, with no authorization in the water flows or sources, materials or any other objects that could congest, without causing prejudice to persons, animals or to the environment , is punished by a 500 to 2000 Algerian Dinars fine and from ten (10) days to one (1) month imprisonment or by only one of these two penalties.

Article 154
Whoever undertakes activities that could damage the structure of works or circulates animals on the dikes of protection against floods is punished in conformity with the provisions of the penal code article 444.

Article 155
The responsibility personnel fact of civil servants or public establishments employees, holding a concession on the hydraulic public property, is retained since they had participated, through their actions or omissions, to an offence provided by the present law. Notwithstanding the penalties provided in the penal code article 421, the author of the offence incurs a double penalty.

Article 156
Whoever puts the agents in charge of the hydraulic public property police, referred to in the above-mentioned Article 143, in the impossibility to do their duties or has put an obstacle, is punished in conformity with the provisions of the penal code articles 183 and followings.

Article 157
When an offence to the prescriptions of the present law and to the subsequent texts concerning its application causes damage to public property or to third parties , the offender is fined, besides the penalties provided by the present law and its subsequent texts, to the repairing expenses of the caused damage.

Article 158
The present law will be published in the Official Journal of the Democratic and Popular Republic of Algeria.
Done in Algiers, 16 July 1983



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